He was being treated at the time for a history of drug, alcohol
and substance abuse problems and mental health issues. She
also had a history of medical issues including substance abuse.

They became supportive of each other and soon developed a close
relationship.

[11] The application judge found that Ms. Sweet and Mr. Moore
began living together in the summer of 2000. However, according
to Ms. Sweet and her sister, Ann McAdam, it was sometime in

1998 after they met at the Donwood Institute. In any event, they
lived together in Ms. Sweet’s apartment until his death.

[12] Contrary to his agreement with Ms. Moore, Mr. Moore
changed the beneficiary under the policy in September 2000 from
Ms. Moore to Ms. Sweet by executing a change of beneficiary form
that designated Ms. Sweet as an irrevocable beneficiary under the
policy pursuant to the Insurance Act, R.S.O. 1990, c. I.8. He filed
the form with the insurer, which recorded the change of beneficiary a few days later. He did not advise Ms. Moore of this change
and she continued to pay the policy premiums.

[13] That said, the change in beneficiary was not carried out
surreptitiously without consultation. It was effected through the
offices of, and after discussions with, Ms. Moore’s brother-in-law,
a life insurance broker who is married to Ms. Moore’s sister. The
sister also works for a life insurance company.

[14] According to Ms. Sweet, who was present when the deci-sion was made at the broker’s office, the rationale for the changein beneficiary was thatMr. Moore did not want me to worry about how I was going to pay the rentor buy my medications in the unlikely event he passed away before me.

He wanted to make sure I was able to live my remaining years in the building where I have resided for the past 40 years. And he wanted me to live
worry and debt free.

[15] In May 2002 — some time after the oral agreement and
the subsequent change in beneficiary status — the Moores
entered into a separation agreement. Mr. Moore agreed to convey his one-half interest in the matrimonial home to Ms. Moore.

Each waived and released the other from all equalization of net
family property claims (with a minor exception regarding
household contents). Mr. Moore agreed to pay child support in
accordance with the Federal Guidelines. Ms. Moore waived and
released outstanding child support arrears.

[16] The separation agreement was silent about the policy or
anything related to it.

[17] The Moores were divorced in October 2003.

[18] It is evident from the materials that the marriage breakdown between the Moores was related to Mr. Moore’s struggles